MALINI SPINNING MILLS LTD THROUGH ITS MANAGING DIRECTOR SALEM Vs. PUDUR AGRICULTURAL PRODUCERSÏ¿½ CO OP MARKETING SOCIETY LTD

JUDGEMENT

(1.) THE Petitioner/Appellant/First Defendant has filed this Miscellaneous Petition under section 151 of the CODE OF CIVIL PROCEDURE, 1908 praying to stay all further proceedings in O.S. No. 41 of 2004 on the file of the learned Principal District Judge, Tuticorin, pending disposal of he Appeal. V.C.M.P. No. 6 of 2010: THE Petitioner/Society/First Respondent/Plaintiff has filed this Miscellaneous Petition to vacate the order of Stay granted by this Court in C.M.P. No. 6552 of 2005 in A.S. No. 117 of 2005, dated 13.12.2005. According to the learned Counsel for the Petitioner/Appellant/First Defendant, the First Respondent/Plaintiff has filed O.S. No.91 of 2001 on the file of Sub-Judge, Kovilpatti for recovery of Rs.7,53,052.75 with future interest @ 18% per annum and later the said Suit has been transferred to the file of learned Principal District Judge"s Court, Tuticorin and renumbered as O.S. No. 41 of 2004 and that the Trial Court by Judgment on 25.10.2004 has passed a decree directing the Petitioner /Appellant/First Defendant to pay to the First Respondent/Plaintiff a sum of Rs.7,53,052.75 with interest @ 18% per annum for Rs.4,95,755.60 from the date of Plaint (3.9.2001) to the date of decree and with future interest @6% per annum from the date of decree (25.10.2004) till date of realization together with costs and as against the Second Respondent/Second Defendant dismissed the Suit without costs.

(2.) IT is the further contention on the side of the Petitioner/Appellant/First Defendant that the Petitioner/Appellant/First Defendant has filed the present Appeal A.S. No.117 of 2009 before this Court as against the Judgment and decree of the Trail Court dated 25.10.2004 in O.S. No.41 of 2004 on the file of Trail Court and the Petitioner/Appellant/First Defendant filed C.M.P.No.6552 of 2005 before this Court under Section 151 of CODE OF CIVIL PROCEDURE, 1908 praying for stay for all further proceedings of the Trail court in O.S. No.41 of 204 and this Court has granted interim stay for a period of three weeks and ordered notice on 17.11.2005 and thereafter, the interim order has been extended by this Court form time to time and since an Appeal filed by the Petitioner/Appellant/First Defendant is a continuation of original Trial Court proceedings and since an Appeal is pending as on date and moreover, the interim stay is in favour of the Petitioner/Appellant/First Defendant and hence, the interim stay may be continued till the disposal of the main Appeal in the interest of justice.

(3.) ADVANCING his arguments, it is the contention of the learned Counsel for the First Respondent/Plaintiff that as per Order 41, Rule (3) of CODE OF CIVIL PROCEDURE, 1908 when an Appeal is filed by an aggrieved party as an Appellant against the decree for payment of money, then the Appellate Court the power to direct the Appellant to deposit the amount disputed in the Appeal or furnished such security in respect there of as the Court may think fit and hence prays for passing an order by this Court directing the Appellant to deposit the amount disputed in the Appeal or furnished such security in respect there of as the Court may think deem fit and proper.